Zabava v. 178 East 78, Inc.

—Order, Supreme Court, New York County (Helen Freedman, J.), entered on or about January 11, 1994, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The IAS Court properly determined that the workers’ compensation benefits were plaintiff’s exclusive remedy. Initially, it is noted that the IAS Court overlooked the fact that the Workers’ Compensation Board’s determination that defendant was plaintiff’s employer at the time of the accident is final and binding (Santiago v Dedvukaj, 167 AD2d 529). Thus, having accepted…